PCA Section 22: The Code of Criminal Procedure, 1973 to apply subject to certain modifications
Prevention of Corruption Act, 1988 · Chapter 5: Sanction for prosecution and other miscellaneous provisions
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications.—The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall in their application to any proceeding in relation to an offence punishable under this Act have effect as if,—
(a) in sub-section (1) of section 243, for the words “The accused shall then be called upon”, the words “The accused shall then be required to give in writing at once or within such time as the Court may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then be called upon” had been substituted;
(b) in sub-section (2) of section 309, after the third proviso, the following proviso had been inserted, namely:— “Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under section 397 has been made by a party to the proceeding.”;
(c) after sub-section (2) of section 317, the following sub-section had been inserted, namely:— “(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the absence of the accused or his pleader and record the evidence of any witness subject to the right of the accused to recall the witness for cross-examination.”;
(d) in sub-section (1) of section 397, before the Explanation, the following proviso had been inserted, namely :— “Provided that where the powers under this section are exercised by a Court on an application made by a party to such proceedings, the Court shall not ordinarily call for the record of the proceedings:—
(a) without giving the other party an opportunity of showing cause why the record should not be called for; or
(b) if it is satisfied that an examination of the record of the proceedings may be made from the certified copies.”.
Official reference: Government consolidation hosted by CGCA, Department of Telecommunications — checked: 2 October 2026.Banaka reference transcription, not an official or certified edition. Regional additions are not consolidated. Amendment brackets are retained; footnote reference numerals are removed. Hindi study guides are original explanations, not statutory translations. Consult the government source and applicable amendments for authoritative wording.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 19. Previous sanction necessary for prosecution
- 20. Presumption where public servant accepts any undue advantage
- 21. Accused person to be a competent witness
- 23. Particulars in a charge in relation to an offence under section 13 (1) (a)
- 24. [Omitted.]
- 25. Military, Naval and Air Force or other law not to be affected
- 26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act
- 27. Appeal and revision
- 28. Act to be in addition to any other law
- 29. Amendment of the Ordinance 38 of 1944
- 29A. Power to make rules
- 30. Repeal and saving
- 31. [Repealed.]